What Happens if You Die Without a Will in New Jersey?
If you die without a will in New Jersey, your assets pass to your closest relatives under the state's intestate succession laws found in N.J. Stat. 3B:5-3 and 3B:5-4. Your marital status and unique family situation may impact who gets which of your assets.
If You are Married with Children
Whether your spouse inherits everything depends on whether all of your children are also your spouse's children.
- If all of your children are also your spouse's, and your spouse has no children from another relationship, your spouse inherits everything.
- If your spouse has children from a previous relationship, or you have children who are not your spouse's, your spouse inherits the first 25% of your estate (not less than $50,000 or more than $200,000), plus half of the balance. Your children inherit the remainder, divided equally.
If You are Married Without Children
- If you have no living parents, your spouse inherits the entire estate.
- If you have a surviving parent, your spouse inherits the first 25% of your estate (not less than $50,000 or more than $200,000), plus three-quarters of the balance. Your parent inherits the rest.
If You Don't Have a Spouse, but Have Children
Your children inherit everything in the estate in equal shares. This includes legally adopted children and children whose paternity has been established, but generally not stepchildren unless you have no other qualifying relatives.
If You Don't Have a Spouse or Children
In this case, your assets pass to your parents. If both are deceased, your siblings inherit your assets in equal shares.
If No Living Relatives Can Be Found
If the court cannot locate a spouse, descendant, sibling, or more distant relative, your property escheats to the State of New Jersey. Because the law casts a wide net, including cousins of any degree, this is uncommon.
Other Things to Know about Dying Without a Will in New Jersey
- Heirs must generally survive you by 120 hours to inherit from an estate.
- Half-relatives inherit equal shares along with full relatives.
- The rules that apply to married couples also apply to registered civil union and domestic partners.
- Stepchildren who were never legally adopted generally do not inherit unless you have no other qualifying relatives.
When Does an Estate Go Through Probate Without a Will
If a surviving spouse, civil union partner, or domestic partner is claiming the estate, and the total real and personal assets are $50,000 or less, a Small Estate Affidavit can be used instead of full administration. If there is no surviving spouse or partner, other next of kin can use a similar affidavit for estates of $20,000 or less.
Ready to get started? Take our quiz to see if a will or trust is right for you.
